Edinboro College Park Apartments v. Edinboro University Foundation

OPINION

SMITH, Chief Judge.

Under Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943), state action is immune from Sherman Act antitrust liability. This case presents the question of whether a public university, Edin-boro University of Pennsylvania of the State System of Higher Education (“the University”), and its nonprofit collaborator, Edinboro University Foundation (“the Foundation”), are entitled to such immunity. On defendants’ motions to dismiss, the District Court held that Parker immunity automatically applies to the University because the University is an arm of the state.